Can a Family Member Be Your Clinical Agent?
This video explores whether a family member can act as a clinical agent. The key campaign message is that loved ones may be able to help with practical matters, but clinical responsibilities usually need someone with suitable professional understanding.
Can a family member be a clinical agent?
For some therapists, a trusted family member may be involved in activating the plan.
For example, they may be the person who informs a named professional that something has happened and that the Clinical Continuity Plan needs to be put into action.
But there is an important difference between activating the plan and carrying out the clinical responsibilities within it.
A clinical agent may need to:
- access confidential client information
- contact vulnerable or distressed clients
- understand safeguarding or immediate risk
- manage confidential records
- liaise with professional bodies or insurers
- understand the boundaries of what they are authorised to do
These tasks require more than someone simply being trustworthy.
Does a clinical agent need to be another professional?
The right arrangement depends on the structure of your practice, the type of work you do, the clients you support and the responsibilities involved.
However, where the role involves clinical judgement, confidential records, safeguarding concerns or conversations with vulnerable clients, someone with appropriate professional understanding may be better placed to carry out the role.
For some practitioners, that may be a trusted colleague or supervisor.
For others, a more formal professional arrangement may be more appropriate.
A hybrid approach can also work well:
- a family member or executor activates the plan
- a named professional manages the clinical responsibilities
The important thing is that the roles are clearly defined before the plan is ever needed.
Why might a family member not be the best person?
It is completely understandable to think:
“My partner knows my business.”
“My sister is incredibly organised.”
“I trust my family more than anyone.”
But trust is only part of the picture.
Confidentiality and data protection
Clinical records contain highly sensitive information. Someone acting within your continuity arrangements needs to understand what they are authorised to access, what can be shared and how confidentiality must be protected.
Communicating with clients
If your clients are being contacted because you have died or become seriously unwell, those conversations may be difficult and emotionally charged. The person making contact needs to communicate sensitively and appropriately.
Professional responsibilities
There may be questions around safeguarding, clinical risk, insurers, professional bodies, records or onward referrals. A family member should not be left trying to interpret these responsibilities without the right support.
Emotional burden
This is one of the biggest considerations. If your continuity plan is activated because of serious illness or death, your family may already be dealing with an extremely difficult situation. Giving them responsibility for your clinical caseload as well can place an enormous burden on them.
A good Clinical Continuity Plan protects your clients, but it should also protect your loved ones from being placed in an impossible position.
What does the new BACP Ethical Framework say?
For BACP members, this is particularly relevant ahead of the new Ethical Framework becoming mandatory from 3 November 2026.
4.5 Manage breaks, endings in ways that minimise the impact for clients and service users
Specifically, 4.5(e) says members must:
“ensure we have a clinical will in place”
and appoint an executor who is bound by confidentiality and can communicate with clients if the practitioner cannot contact them or dies.
The key point is not simply naming somebody. It is making sure that the person is suitable, understands the role and has a clear process to follow.
The better question to ask
Instead of asking:
“Can my family member do this?”
Ask:
“Would this person be properly equipped to protect my clients and carry out the responsibilities safely?”
And also:
“Would I really want my family dealing with this at the same time as everything else?”
A good Clinical Continuity Plan removes uncertainty. It makes clear:
- who activates the plan
- who manages client communication
- who has access to essential information
- who deals with clinical responsibilities
- who handles wider business or administrative matters
That way, nobody is left guessing.
Getting the structure right
At Psych VA, we help therapists and clinic owners put practical Clinical Continuity Plans in place.
We can help you define the roles, separate family and professional responsibilities, and make sure the people involved know exactly what they need to do if the plan is ever activated.
Because the aim is not simply to name somebody.
It is to have a plan that actually works when it is needed.
Find out more about Clinical Continuity Plans
Clinical Wills – Clinical Continuity Plans
BACP member?
You can also read our guide to the new BACP 2026 requirements here:
BACP Clinical Will Requirements (2026) | Clinical Continuity Plans
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